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vamsi@123, December 10, 2020 in H1B : General
It would seem you did not show the Officer the latest H1 petition approval. Ask your company Lawyer for help if you actually showed the latest H1 petition and not the older one.
When you present only your visa stamp to POE officer, they will give you I-94 only up to the date shown on your visa stamp.
It is up to the traveler to show the officer the new I797 form in addition to your valid visa stamp so that your I-94 will reflect the date on the I797 form.
You can try visiting a CBP Field Office and see if they will oblige...however this process has mixed results with some offices willing to help you while some will refuse outright.
The other 3 options are to:
1) drive into Mexico or Canada and turn around and drive immediately back into US and make sure to tell POE officer that you do NOT want to use AVR but want new I94 with I797 date
2) Apply to USCIS for extension of stay.
3) Make a trip to India (or anywhere outside US by flight).
If you want to get a i94 until feb 23. You got to show the new i94 at entry. if you show new i94 you need stamping with that employer. So in Dec 2021 you have to exit and come back with new employer stamping on passport to get i94 until 2023.
What is your stamped visa end date? Depending on that either you need to cross border and get I94 updated or go out come back with new visa...
On 12/10/2020 at 6:59 PM, vamsi@123 said:
When does your passport expire? Make sure that the validity of your passport is beyond Feb. 2023 otherwise CBP Officer will give you I-94 until the expiry date mentioned on your passport. First and foremost try visiting your CBP office with your passport and I-797, and if this does not work then try the other advices mentioned by the experts. Good Luck!
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